HOW EMPLOYERS JUSTIFY EQUAL PAY ACT VIOLATIONSMany employers use a variety of excuses and unethical practices to justify paying female employees a lesser salary. But if you are making less money than a male co-worker for performing the same work, your employer is obligated to show their justification for paying you less. Unfortunately, these unethical business practices do not just happen to women. It also happens to seniors and many other groups. Under the Equal Pay Act, employers can justify paying a female worker less if it is based on legitimate seniority, incentive, or merit system. Both the employer and worker must be aware of the system. The system must be executed in good faith and include the following conditions:
- All employees must be aware of the conditions
- The incentive, merit and seniority system must be consistently and evenly applied to all employees
- It must be adopted without the intent of discrimination between male and female employees
- The agreement must be based on predetermined criteria that measure productivity, seniority, and merit.
- It must be the only reason for salary differences between male and female employees